Perez v. Sisto et al

Filing 93

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/18/2011 DENYING 91 Motion to Appoint Counsel. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE MANUEL PEREZ,
Plaintiff,

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vs.

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No. CIV S-06-2090 KJM GGH P

D.K. SISTO, et al.,
Defendants.

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ORDER
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Plaintiff is a prison inmate proceeding pro se and in forma pauperis with a civil

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rights action. On July 11, 2011, plaintiff filed his fourth request for the appointment of counsel.

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Plaintiff’s previous requests were filed on April 22, 2008, February 5, 2009 and August 24, 2010.

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All requests were denied. The issues presented (excessive force and failure to protect) are not

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beyond the ability of this pro se defendant to present at trial. In light of those orders, and because

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the undersigned continues to find that exceptional circumstances to warrant this court’s

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requesting voluntary assistance of counsel for plaintiff are not present in this case, Terrell v.

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Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36

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(9th Cir. 1990), the request will be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s July 11, 2011 request is

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denied.

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DATED: July 18, 2011

GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

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GGH009/:md
pere2090.31.thr

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/s/ Gregory G. Hollows